The court in Maharashtra's Thane district acquitted a 26-year-old man accused of abducting and raping a teenage girl in 2018. The court observed that the physical relations between the accused and the victim appeared to be consensual. The court's ruling was based on the fact that the testimony of the victim was different from the claim made in the case which proved that the relationship was consensual.
The copy of the order, which was issued on September 21, was made available on Saturday. Special Judge (POCSO Act cases) Ruby U Malvankar, in the order, said the victim was not a child at the relevant time and hence, offences under the act do not attract. The prosecution has failed to prove the charges against the accused, who needs to be given the benefit of the doubt, said the order.
What was the case?
The prosecution had told the Thane court that on April 11, 2018, the victim, then aged 17, went missing from her workplace. She was working as a domestic help in Thane district. Later, a police complaint was filed by her father. The victim was traced to a slum colony at Uttan in the Bhayander area of Thane district. Upon her statement, the police then registered an FIR against the accused under legal provisions for kidnapping, rape, giving threats and provisions of the POCSO Act.
The court observed that the victim claimed she was taken to the house of the accused's relative and raped multiple times. However, her testimony revealed a consensual relationship and a desire to marry the accused, it said.
The court said that the medical evidence on record proves there were sexual relations between the victim and the accused. "However, the physical relations between them in such circumstances cannot be said to be forcible or against her wishes. In fact, at the relevant time, the victim was very much a consenting party to such relations," it said.
The court further said that during the cross-examination, the investigation officer admitted that during his probe, it was not revealed that the accused forcibly kidnapped the victim. Moreover, the IO also did not appear to have recorded the statements of some important witnesses for the whole episode.
"The prosecution has failed to prove beyond reasonable doubt that the accused in any manner committed kidnapping of the victim. Even the victim does not appear to have offered any resistance as she was in love with the accused. The physical relations subsequently taken place between the victim and the accused also appear to be consensual," the court said.
(With PTI Inputs)
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